(1) Being manufactured or operated primarily for pleasure; or
(2) Leased, rented, or chartered to another for the latter's pleasure.
(b) In applying the definition in paragraph (a) of this section, the following rules
(1) A vessel being manufactured or built, or being repaired under warranty by its manufacturer
or builder, is a recreational vessel if the vessel appears intended, based on its
design and construction, to be for ultimate recreational uses. The manufacturer or builder bears the burden of establishing that a vessel is recreational
under this standard.
(2) A vessel being repaired, dismantled for repair, or dismantled at the end of its life
is not a recreational vessel if the vessel had been operating, around the time of
its repair or dismantling, in one or more of the following categories on more than
an infrequent basis—
(3) Notwithstanding paragraph (b)(2) of this section, a vessel will be deemed recreational
if it is a public vessel, i.e., a vessel owned or bareboat-chartered and operated
by the United States, or by a State or political subdivision thereof, at the time
of repair, dismantling for repair, or dismantling, provided that such vessel shares
elements of design and construction with traditional recreational vessels and is not
normally engaged in a military, commercial or traditionally commercial undertaking.
(c) All subsequent amendments to the statutes referenced in paragraph (b)(2) of this
section and the regulations implementing those provisions in Title 46 of the Code
of Federal Regulations will apply when determining whether a vessel is recreational.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.